The courts below did not question the applicability of Linn to this case. Instead, both courts believed that Linn required only that the jury be instructed that it must find the defamatory statements to have been made with malice before it could impose liability. And both courts thought that instructions which defined malice in the common-law sense—as 'hatred, personal spite, ill will, or desire to injure'—were adequate under Linn.
This reflects a fundamental misunderstanding of the Court's holding in Linn. The Linn Court explicitly adopted the standards of New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964), and the heart of the New York Times test is the requirement that recovery can be permitted only if the defamatory publication was made 'with knowledge that it was false or with reckless disregard of whether it was false or not.' Id., at 280, 84 S.Ct., at 726. The adoption in Linn of the reckless-or-knowing falsehood test was reiterated time and again in the Court's opinion. See 383 U.S., at 61, 63, 65, 86 S.Ct., at 662, 663, 664.
Of course, the Court also said that recovery would be permitted if the defamatory statements were shown to have been made with malice. But the Court was obviously using 'malice' in the special sense it was used in New York Times—as a shorthand expression of the 'knowledge of falsity or reckless disregard of the truth' standard. See New York Times Co. v. Sullivan, supra, 376 U.S., at 279—280, 84 S.Ct., at 726. Instructions which permit a jury to impose liability on the basis of the defendant's hatred, spite, ill will, or desire to injure are 'clearly impermissible.' Beckley Newspapers Corp. v. Hanks, 389 U.S. 81, 82, 88 S.Ct. 197, 198, 19 L.Ed.2d 248 (1967). '(I)ll will toward the plaintiff, or bad motives, are not elements of the New York Times standard.' Rosenbloom v. Metromedia, Inc., 403 U.S. 29, 52 n. 18, 91 S.Ct. 1811, 1824, 29 L.Ed.2d 296 (1971) (opinion of Brennan, J.). Accord, Garrison v. Louisiana, 379 U.S. 64, 73—74, 77—79, 85 S.Ct. 209, 215 216, 217—218, 13 L.Ed.2d 125 (1964); Henry v. Collins, 380 U.S. 356, 85 S.Ct. 992, 13 L.Ed.2d 892 (1965); Rosenblatt v. Baer, 383 U.S. 75, 84, 86 S.Ct. 669, 675, 15 L.Ed.2d 597 (1966); Greenbelt Cooperative Publishing Assn. v. Bresler, 398 U.S. 6, 9—11, 90 S.Ct. 1537, 1539—1540, 26 L.Ed.2d 6 (1970). It is therefore clear that the libel judgments in this case must be reversed because of the court's erroneous instructions.
The courts below did not question the applicability of Linn to this case. Instead, both courts believed that Linn required only that the jury be instructed that it must find the defamatory statements to have been made with malice before it could impose liability. And both courts thought that instructions which defined malice in the common-law sense—as 'hatred, personal spite, ill will, or desire to injure'—were adequate under Linn.This reflects a fundamental misunderstanding of the Court's holding in Linn. The Linn Court explicitly adopted the standards of New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964), and the heart of the New York Times test is the requirement that recovery can be permitted only if the defamatory publication was made 'with knowledge that it was false or with reckless disregard of whether it was false or not.' Id., at 280, 84 S.Ct., at 726. The adoption in Linn of the reckless-or-knowing falsehood test was reiterated time and again in the Court's opinion. See 383 U.S., at 61, 63, 65, 86 S.Ct., at 662, 663, 664.Of course, the Court also said that recovery would be permitted if the defamatory statements were shown to have been made with malice. But the Court was obviously using 'malice' in the special sense it was used in New York Times—as a shorthand expression of the 'knowledge of falsity or reckless disregard of the truth' standard. See New York Times Co. v. Sullivan, supra, 376 U.S., at 279—280, 84 S.Ct., at 726. Instructions which permit a jury to impose liability on the basis of the defendant's hatred, spite, ill will, or desire to injure are 'clearly impermissible.' Beckley Newspapers Corp. v. Hanks, 389 U.S. 81, 82, 88 S.Ct. 197, 198, 19 L.Ed.2d 248 (1967). '(I)ll will toward the plaintiff, or bad motives, are not elements of the New York Times standard.' Rosenbloom v. Metromedia, Inc., 403 U.S. 29, 52 n. 18, 91 S.Ct. 1811, 1824, 29 L.Ed.2d 296 (1971) (opinion of Brennan, J.). Accord, Garrison v. Louisiana, 379 U.S. 64, 73—74, 77—79, 85 S.Ct. 209, 215 216, 217—218, 13 L.Ed.2d 125 (1964); Henry v. Collins, 380 U.S. 356, 85 S.Ct. 992, 13 L.Ed.2d 892 (1965); Rosenblatt v. Baer, 383 U.S. 75, 84, 86 S.Ct. 669, 675, 15 L.Ed.2d 597 (1966); Greenbelt Cooperative Publishing Assn. v. Bresler, 398 U.S. 6, 9—11, 90 S.Ct. 1537, 1539—1540, 26 L.Ed.2d 6 (1970). It is therefore clear that the libel judgments in this case must be reversed because of the court's erroneous instructions.
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